Diwana Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

Diwana Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of as abated on account of the appellant's death; State permitted to recover the fine of Rs. 20,000/- through due process subject to service of valid notice on legal heir(s); revival of the appeal possible within 30 days of such notice or upon deposit of the fine, with a revived appeal to be heard on merits; pending miscellaneous applications disposed of.

Issue for consideration

Whether the appeal survives the death of the appellant during pendency, and how the fine imposed on the appellant is to be dealt with.

Court's answer

The appeal stands abated on account of the death of the appellant during the pendency of the proceedings.

Ratio / Principle

The State exchequer is at liberty to recover the fine amount by adopting due process of law.

Key takeaways

If the State chooses to start recovery of the fine from the estate of the deceased appellant, a valid notice must first be served upon his legal heir(s), who have a vested right in the said estate.ratio¶23
An aggrieved legal heir or interested person may move an appropriate application before this Court seeking revival of the appeal, which must be done within 30 days of receipt of the recovery notice; alternatively, such person may deposit the total amount of fine; if revived, the appeal shall be heard on merits.ratio¶24

Detailed headnote1 paragraphs

CRA-S-1104-SB-2007 (O&M) (Diwana v. State of Haryana), High Court of Punjab and Haryana, Chandigarh, decided 20.05.2025 by Hon'ble Mr. Justice Harpreet Singh Brar (oral). The appeal challenged a conviction dated 08.01.2007 and sentence dated 09.01.2007 passed by the learned Special Judge, Jind under Section 20 of the NDPS Act (FIR No. 99 dated 22.06.2003, Police Station Julana), the sentence being rigorous imprisonment for 05 years and a fine of Rs. 20,000/- with default rigorous imprisonment of 06 months. Learned State counsel reported that the appellant Diwana had died during pendency, producing a death certificate issued by the Sarpanch of Gram Panchayat, Shamlo Kalan, which was taken on record. Relying on Shivji Ram @ Dimple vs. State of Punjab, 2023(1) R.C.R.(criminal) 738 (this Court) and the Full Bench decision of the Kerala High Court in Pazhani S/o Chami vs. State of Kerala, 2017(1) R.C.R. (Criminal) 1045, the Court disposed of the appeal with directions: (i) the appeal stands abated on account of the appellant's death; (ii) the State exchequer may recover the fine by due process of law; (iii) a valid notice must be served on legal heir(s) having a vested right in the estate before any recovery from it; (iv) an aggrieved heir or interested person may seek revival within 30 days of such notice; (v) such persons may alternatively deposit the total fine; (vi) if revived, the appeal shall be heard on merits. Pending miscellaneous applications were also disposed of.

548 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH

CRA-S-1104-SB-2007 (O&M) Date of Decision: 20.05.2025

DIWANA

…Appellant

V/S

STATE OF HARYANA …Respondent

CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR

Present: None for the appellant.

Mr. Harkesh Kumar, AAG Haryana.

HARPREET SINGH BRAR J. (Oral)

The present appeal has been filed against the judgment of conviction dated 08.01.2007 and order of sentence dated 09.01.2007 passed by learned Special Judge, Jind in the case stemming from FIR No. 99 dated 22.06.2003 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as NDPS Act)

at Police Station Julana. The appellant was sentenced as follows:

Offence	Sentence
	Rigorous imprisonment for 05 years and a
Section 20 of NDPS Act	fine of Rs. 20,000/- and in case of default, rigorous imprisonment 06 months.

At the outset, learned State counsel on instructions from SI Ashish Kumar submits that appellant namely Diwana has passed away during the pendency of the present proceedings and produced photocopy of his death certificate issued by Sarpanch of Gram Panchayat, Shamlo Kalan. Same is taken on record. Be tagged at the appropriate place.

In view of the judgment rendered by this Court in Shivji Ram @ Dimple vs. State of Punjab 2023(1) R.C.R.(criminal) 738 as well as the Full

AJAY GOSWAMI 2025.05.22 09:21 I attest to the accuracy and integrity of this document

-2-

CRA-S-1104-SB-2007 (O&M)

Bench of the Kerala High Court in Pazhani S/o Chami vs. State of Kerala 2017(1) R.C.R. (Criminal) 1045 , the present appeal is disposed of with the following directions:

i. The appeal shall stand abated on account of death of the appellant.

ii. The State exchequer shall be at liberty to recover the fine amount by adopting due process of the law.

iii. If State chooses to start recovery process of the amount of fine from the estate of the deceased appellant, a valid notice in that regard would be served upon his legal heir(s) who has a vested right in the said estate.

iv. If any such legal heir(s) or any interested person is aggrieved with the process of recovery of fine, he may move an appropriate application before this Court seeking revival of the appeal. However, the same must be done within 30 days of receipt of such notice.

v. Such legal heir(s) or any interested person would also be at liberty to deposit the total amount of fine, which is subject matter of the appeal, in the office of concerned authority.

vi. If revived, the appeal shall be heard on merits.

Pending miscellaneous application(s), if any, shall also stand

disposed of.

(HARPREET SINGH BRAR) 20.05.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No

AJAY GOSWAMI 2025.05.22 09:21 I attest to the accuracy and integrity of this document